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Essay / Research Paper Abstract
This 3 page paper considers the various factors that must be taken into consideration when arrests are made. Bibliography lists 1 source.
Page Count:
3 pages (~225 words per page)
File: AM2_PP673650.doc
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Unformatted sample text from the term paper:
to be protected from unwarranted interventions into our lives by law enforcement. When unlawful acts are suspected, however, we can be arrested and incarcerated. The terms under which
such arrests can be made, however are carefully structured in criminal law and procedure. The term "arrest", in a legal sense,
can be defined as the taking of a person into custody with lawful authority and holding that person to answer for a violation of a law. While an arrest
can occur either with or without a warrant, as will be discussed below, most typically a warrant in involved. There are
a number of legal requirements which must be met in order for an arrest warrant to be issued. The Fourth Amendment of the United States Constitution requires that all
warrants be supported by probable cause. In the case of an arrest warrant, probable cause exists when the arresting entity is privy to reasonably trustworthy facts and circumstances that
are adequate enough to cause them to believe a crime has been committed. Probable cause may be based on a number
of factors. The first of these is the personal experiences of the arresting officer. An officers training and experience is presumed to allow them to infer to a
certain degree whether criminal behavior even when that behavior is not immediately evident. As has been noted above, arrest is based, in part, on probable cause. Probable cause
cannot, however, be based upon hearsay (Arcila, 2010). Information which is achieved second hand, or more specifically a statement which is made by the declarant while not testifying at
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